# C_2019399EN.01002601.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/26 |
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25.11.2019

EN

Official Journal of the European Union

C 399/26

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Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 28 August 2019 — Azienda Agricola Ambrosi Nicola Giuseppe and Others v Agenzia per le Erogazioni in Agricoltura (AGEA), Ministero delle Politiche Agricole e Forestali

(Case C-640/19)

(2019/C 399/30)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicants: Azienda Agricola Ambrosi Nicola Giuseppe, Azienda Agricola Castagna Giovanni, Soc. Azienda Agricola Castellani Enio, Nereo e Giuliano Ss, Azienda Agricola De Fanti Maria Teresa, Azienda Agricola Giacomazzi Vilmare, Soc. Azienda Agricola Iseo di Lunardi Giampaolo e Silvano Ss, Soc. Azienda Agricola Mastrolat di Mastrotto Franco e Luca Ss, Azienda Agricola Righetti Michele e Damiano, Azienda Agricola Scandola Stefano e Gianni, Azienda Agricola Tadiello Roberto, Azienda Agricola Turazza Mario, Azienda Agricola Zuin Tiziano, 2 B Società Agricola Srl and Others, Azienda Agricola Fracasso Claudio, Azienda Agricola Pozzan Mirko

Defendants: Agenzia per le Erogazioni in Agricoltura (AGEA), Ministero delle Politiche Agricole e Forestali

Questions referred

| 1. | In so far they are intended to protect the balance between supply and demand for dairy products on the EU market, are Articles 1, 2 and 3 of Regulation (EEC) No 856/84, (1) Articles 1 and 2(1) of Regulation (EEC) No 3950/92, (2) Articles 1(1) and 5 of Regulation (EC) No 1788/2003 (3) and Articles 55, 64 and 65 of Regulation (EC) No 1234/2007, (4) and the annexes thereto, to be interpreted as excluding from the calculation of ‘milk quotas’ production intended for the export of PDO cheeses to countries outside the European Union, in line with the objectives aimed at the protection of such products laid down by Article 13 of Regulation (EEC) No 2081/92, (5) as confirmed by Regulation (EEC) No 510/2006 (6) and Articles 4 and 13 of Regulation (EU) No 1151/2012, (7) in accordance with the principles set out in Articles 32 (formerly 27), 39 (formerly 33), 40 (formerly 34) and 41 (formerly 35) TFEU? |
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1.

In so far they are intended to protect the balance between supply and demand for dairy products on the EU market, are Articles 1, 2 and 3 of Regulation (EEC) No 856/84, (1) Articles 1 and 2(1) of Regulation (EEC) No 3950/92, (2) Articles 1(1) and 5 of Regulation (EC) No 1788/2003 (3) and Articles 55, 64 and 65 of Regulation (EC) No 1234/2007, (4) and the annexes thereto, to be interpreted as excluding from the calculation of ‘milk quotas’ production intended for the export of PDO cheeses to countries outside the European Union, in line with the objectives aimed at the protection of such products laid down by Article 13 of Regulation (EEC) No 2081/92, (5) as confirmed by Regulation (EEC) No 510/2006 (6) and Articles 4 and 13 of Regulation (EU) No 1151/2012, (7) in accordance with the principles set out in Articles 32 (formerly 27), 39 (formerly 33), 40 (formerly 34) and 41 (formerly 35) TFEU?

| 2. | If the first question is answered in the affirmative, do those rules, thus interpreted, preclude the inclusion in individual reference quantities of quotas of milk intended for the production of PDO cheeses for export outside the European Union, this being the effect of Article 2 of Decreto-legge 28 marzo 2003, n. 49, convertito con modifiche in legge 30 maggio 2003, n. 119 (Decree Law No 49 of 28 March 2003, converted into law, with amendments, by Law No 119 of 30 May 2003), and Article 2 of legge 26 novembre 1992, n. 468 (Law No 468 of 26 November 1992), in so far as that provision is referred to in Article 2 of Decree Law No 49/2003?
  In the alternative, in the event that that interpretation is not considered to be correct: |
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2.

If the first question is answered in the affirmative, do those rules, thus interpreted, preclude the inclusion in individual reference quantities of quotas of milk intended for the production of PDO cheeses for export outside the European Union, this being the effect of Article 2 of Decreto-legge 28 marzo 2003, n. 49, convertito con modifiche in legge 30 maggio 2003, n. 119 (Decree Law No 49 of 28 March 2003, converted into law, with amendments, by Law No 119 of 30 May 2003), and Article 2 of legge 26 novembre 1992, n. 468 (Law No 468 of 26 November 1992), in so far as that provision is referred to in Article 2 of Decree Law No 49/2003?

In the alternative, in the event that that interpretation is not considered to be correct:

| 3. | Are Articles 1, 2 and 3 of Regulation (EEC) No 856/84, Articles 1 and 2(1) of Regulation (EEC) No 3950/92, Articles 1(1) and 5 of Regulation (EC) No 1788/2003 and Articles 55, 64 and 65 of Regulation (EC) No 1234/2007, and the annexes thereto (as well as the national Italian transposition provisions set out in Decree Law No 49 of 28 March 2003, converted into law, with amendments, by Law No 119 of 30 May 2003, and Article 2 of Law No 468 of 26 November 1992, in so far as that provision is referred to in Article 2 of Decree Law No 49/2003), which include rather than excluding in the calculation of the quantities allocated to each Member State milk used for the production of PDO cheeses exported to or intended for markets outside the European Union, in so far as such exports are concerned, at odds with the protection objectives set out in Regulation (EEC) No 2081/92, which protects PDO production, with particular reference to Article 13, as confirmed by Regulation (EEC) No 510/2006 and by Regulation (EU) No 1151/2012, and also with reference to the protection objectives set out in Article 4 of the latter regulation, and also at odds with Articles 32 (formerly 27), 39 (formerly 33), 40 (formerly 34) and 41 (formerly 35) TFEU, the principles of legal certainty, legitimate expectations, proportionality and non-discrimination and the principle of freedom to conduct business when exporting goods outside the European Union? |
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3.

Are Articles 1, 2 and 3 of Regulation (EEC) No 856/84, Articles 1 and 2(1) of Regulation (EEC) No 3950/92, Articles 1(1) and 5 of Regulation (EC) No 1788/2003 and Articles 55, 64 and 65 of Regulation (EC) No 1234/2007, and the annexes thereto (as well as the national Italian transposition provisions set out in Decree Law No 49 of 28 March 2003, converted into law, with amendments, by Law No 119 of 30 May 2003, and Article 2 of Law No 468 of 26 November 1992, in so far as that provision is referred to in Article 2 of Decree Law No 49/2003), which include rather than excluding in the calculation of the quantities allocated to each Member State milk used for the production of PDO cheeses exported to or intended for markets outside the European Union, in so far as such exports are concerned, at odds with the protection objectives set out in Regulation (EEC) No 2081/92, which protects PDO production, with particular reference to Article 13, as confirmed by Regulation (EEC) No 510/2006 and by Regulation (EU) No 1151/2012, and also with reference to the protection objectives set out in Article 4 of the latter regulation, and also at odds with Articles 32 (formerly 27), 39 (formerly 33), 40 (formerly 34) and 41 (formerly 35) TFEU, the principles of legal certainty, legitimate expectations, proportionality and non-discrimination and the principle of freedom to conduct business when exporting goods outside the European Union?

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(1)  Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products (OJ 1984 L 90, p. 10).

(2)  Council Regulation (EEC) No 3950/92, of 28 December 1992, establishing an additional levy in the milk and milk products sector(OJ 1992 L 405, p. 1).

(3)  Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ 2003 L 270, p. 123).

(4)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ 2007 L 299, p. 1).

(5)  Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1).

(6)  Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 2006 L 93, p. 12).

(7)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1).

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